The following privacy policies provide important information regarding how ClassNow and its subsidiaries and affiliates (collectively, “ClassNow”, “we” or “us”) process, use, collect, disclose, utilize and protect information when you use our services, websites and/or products (the “Services”), as well as how we use, disclose, protect, and share your information. This Privacy Policy does not apply to third-party services that are not under ClassNow’s control; those parties’ services are governed by their own privacy policies.

Definitions

• “Authorized Users” are those individuals (such as viewers, employees, staff, faculty, student, members, or other persons) who are authorized by a Customer to access certain multimedia, audio, video or other content from their respective account.

• “Authorized Support Contacts” means individuals identified by a Customer as authorized to request and modify Services with ClassNow.

• “Customer” means the organization(s) or ClassNow  individual that have permission to utilize and use ClassNow Services to provide services and distribute media from their account.

• “(Data) Controller” is an agency, entity, or legal person who determines the purposes and means of processing Personal Data.

• “(Data) Processor” is an agency, entity, or legal person with responsibility for processing Personal Data on behalf of a Controller.

• “Partners” are trusted third parties that provide ClassNow with a portion of the services that we provide to you.

• “Personal Data” is any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable person is one who can be identified by referencing an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

• “Services” means the cloud-based hosted services, on premise server deployments, plug-ins, applications, media recorders and players, custom websites, and storage for our video content management software that we provide to Customers.

• “you” means any Authorized User that is authorized to use our Services through a Customer’s account.

ClassNow as a Data Processor
ClassNow primarily provides its Customers, which include both organizations and individuals, with a video hosting platform, and with tools for managing and distributing video, audio, written and other content over the Internet. ClassNow has limited knowledge of Customer data within that platform, and only processes hosted data in accordance with the Customer’s instructions. ClassNow is a Processor of hosted data, including Customer Content. The Customer is the Controller for that hosted data, including all their provided Content.

Customers utilize our Services to distribute, display, process, and store video, audio, written, and other Content belonging to them or their respective Authorized Users. Such content on the Customer’s account may be viewable to various sized audiences depending upon the Customer-selected configuration of our Services.

Our Customers are responsible for maintaining the privacy of Personal Data pertaining to their Authorized Users, in the Customer’s capacity as the Controller of Personal Data uploaded to our Services.  ClassNow processes information under the direction of its Customers and may have no direct relationship with the individuals whose Personal Data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the ClassNow Customer (the “Data Controller”).

Similarly, ClassNow has no direct control over the data collected by its Customers. ClassNow Customers choose the geographical regions for the storage of data for which they are the Controller, are directly responsible for the configuration and administration of their ClassNow Services, and are responsible for adhering to legal and regulatory requirements, including the collection and maintenance of any necessary rights, permissions, and consents for the data which they collect and process as a Controller.

Panopto as a Data Controller
In some circumstances, such as during the account registration process for use of Panopto Services, during billing procedures, and through your use of Panopto Services, Panopto collects and maintains Personal Data. This data is collected and maintained solely for the offer and maintenance of Panopto Services for Customer use, and for the relevant communications and uses detailed within this policy. For these purposes, Panopto is the Controller.

The collection and processing of your Personal Data for direct use and administration of our Services is based on contractual obligation, necessary to provide you with access and use of the Services. Panopto also processes Personal Data where it has a legitimate interest to do so, where we have your consent, and where we are legally required. We have outlined the details for the types of Personal Data processing Panopto engages in below.

Collection of Personal Data

Information Collected from You Directly
Panopto requires some of your Personal Data to effectively operate, while providing you the best experiences with our Services. Some of this data comes directly from you when you perform transactions with Panopto, such as:

• Contact us via our websites, phone, email, or Support team,

• Create a Panopto account, or have an Authorized User account created for you,

• Act as, or be designated as, an Authorized Support Contact on behalf of your organization or the primary Panopto Pro account holder,

• Administer your organization’s or your Panopto Pro dashboard access,

• Login to or utilize the Services, including any upload/download of Content,

• Respond to marketing promotions that we offer,

• Inquire or apply for employment with Panopto.

This data may include name, username, title, mailing and billing addresses, organization or employer, phone number, email address, and/or information automatically collected, as detailed below.

Information Collected Automatically
As is true of most websites, we also gather certain information automatically when you visit our websites, mobile application, or interact with our Services, including viewing, commenting on, or otherwise interacting with Content. This information is used to analyze aggregated trends and to administer our Services, and may include Internet protocol (IP) addresses, the type of device you use, operating system and version, device identifier, where the application was downloaded from, usage information, events that occur within the application, performance data, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), date/time stamp, and/or clickstream data. Please see the Cookies and Similar Technology section below for more details.

Similarly, if you contact our customer support team, we may automatically collect or request this information to aid in troubleshooting and error reporting.

Information Received from Third Parties
As detailed above, Panopto primarily acts as a Processor of the Personal Data provided to us by our Customers. We may also receive information about you from other sources, including publicly available databases or from third parties. This data helps us to update, expand, and analyze our records, identify new Customers, and identify Services that may be of interest to you. This may include purchased marketing data about our Customers from third parties, that is combined with information we already have about you, to create more tailored advertising and Services.

Mobile App

When you download and use our Services, we may automatically collect information on the type of device you use, operating system version and the device identifier (or “UDID”).

We may send you push notifications from time-to-time in order to update the services, or to notify you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level.

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.

Use of Personal Data

This section describes how Panopto uses the Personal Data that we collect to operate our business and to provide you our Services, including improvements to those Services and in the personalization of your experiences. We may also use the data to communicate with you, providing account information, security updates and Service information. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Customers. Additionally, data is used to market our Services, to comply with applicable laws and legal processes, to enforce our terms and conditions, and to allow us to pursue available remedies or limit any damages that we may sustain.

To provide a requested service or carry out a contract with you, we use Personal Data collected from you in the following ways:

• Customer Support: to diagnose and repair technical issues and provide other customer care and support services.

• Account Notifications: to communicate Service and account notifications to you. For example, we may contact you by phone, email, or other means to inform you of account status, usage, and billing details, and to notify you when security updates are available.

• Security, Safety, and Dispute Resolution: to protect the security and safety of our Services and our Customers, to detect and prevent fraud, to resolve disputes, and to enforce our agreements.

• Providing the Services: to carry out transactions requested by you or the respective Customer, and to provide our Services, such as the account administration, viewing, and analytical tools provided within our platform.

Where we have a legitimate interest, we may also use data collected from you in the following ways:

• Service Personalization: to include personalized features and recommendations that enhance your productivity and user experience enjoyment, and automatically tailor your Service experiences based on the data we have about your activities, interests, and locations.

• Business Operations: to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions about, and report on the performance of our business.

• Service Improvement: to continually improve our Services, including adding new features or capabilities. For example, we use error reports to improve performance features of our Services, and usage data to determine new features or Services to prioritize.

Where we rely on legitimate interest for processing your information, we carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests, before we go ahead with such processing. To better understand how to control the Personal Data collected for these types of processing, please see the Cookies and Similar Technology section below.

Where we have your consent, we may use data we collect to communicate with you in a variety of formats and to tailor those communications to you.

Examples include:

• inviting you to participate in surveys,

• email subscriptions,

• promotional communications from Panopto by email, SMS, physical mail, or telephone,

• recruitment, employment and education verification, background checks and human resource matters.

Automated decision making
Panopto employs automated decision making (also known as “profiling”) in the processing of your data in very limited ways, and only in accordance with the specifications of this Policy and applicable laws. For example, we may auto-assign customer support personnel to respond to your inquiries, based on your organization or affiliated Customer, and necessary details of that contract, or auto-assign a regional contact to assist you, based on your location. These actions are necessary to provide you with our Services and related support.

Similarly, some automated decision making is used, with your consent, to determine appropriate communications to you, as detailed above.

Sharing of Personal Data

This section describes how ClassNow may share and disclose Personal Data. Customers determine their own policies and practices for the sharing and disclosure of data, and ClassNow does not control how they choose to share or disclose Information.

ClassNow and its subsidiaries and affiliates are in different countries around the world and by accessing our Services, your information may be transferred outside of your local jurisdiction. For additional information, see the International Data Transfers section of this Policy.

ClassNow may share your Personal Data with your consent, or as necessary to complete a transaction or provide a Service you or a Customer has requested or authorized. For example:

• We may disclose generic, aggregated (pseudonymized) demographic information, not linked to any specific Data Subject, regarding ClassNow visitors and users with a Customer owning the content you have interacted with, and to our business partners, trusted affiliates, and suppliers or agents working on our behalf.

• We may use third-party service providers to help us operate or administer the Services. For example, companies we’ve hired to provide customer service support or to assist in protecting and securing our services and systems may need access to Personal Data to complete those functions. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use Personal Data they receive from us for any other purpose.

• We may disclose Personal Data to a third-party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

• As we believe to be necessary or appropriate, we may disclose Personal Data: (a) under applicable laws, including laws outside your country of residence; (b) to comply with a subpoena or other legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

If you elect to use connected third-party applications, your Personal Data may be shared with the companies who provide those applications. In those cases, we encourage you to review and understand the terms and conditions and privacy policies of those third parties, over whom we have no control.

As an example, for ClassNow accounts, ClassNow relies on a Partner to process associated payments. Your billing information is collected and processed by the Partner, at the direction of, and on behalf of ClassNow.

Protection of Personal Data

ClassNow has adopted security measures to protect Personal Data against loss, theft, unauthorized access, alteration, disclosure, or destruction.  These measures include policies, procedures, employee training, physical access control, and technical elements relating to data access controls.  In addition, ClassNow uses industry-standard encryption to facilitate the exchange and transmission of data.  ClassNow only processes Personal Data in compliance with the purposes for which it has been collected, in accordance with this Policy.

If Personal Data is acquired by an unauthorized person, and applicable law requires notification, we will promptly notify the affected Data Controller and where applicable and known to ClassNow, we will also notify the affected Data Subject(s).  Notice will be consistent with the legitimate needs of law enforcement, and any measures necessary for ClassNow or law enforcement to determine the scope of the breach and to ensure or restore the integrity of a system.  ClassNow may delay notification if we, or a law enforcement agency, determine that the notification will impede a criminal investigation. In such case, notification will not be provided unless and until we or the agency determines that notification will not compromise the investigation.

Data Retention

ClassNow will only retain your Personal Data for as long as is necessary for us to use your information as described above and to comply with our legal obligations. Please be advised that this means that we may retain some of your information after you cease to use our Services. For instance, we may retain your Personal Data as necessary to meet our legal obligations, enforce an agreement, or for tax and accounting purposes.

Cookies & Similar Technologies

ClassNow and our partners may use cookies or similar technologies to analyze trends, administer the Services, track users ‘movements around, and interactions with, the platform and website, and to gather demographic information about our user base as a whole.  You can control the use of cookies and similar technologies at the individual browser level.

However, if you choose to disable any of these, it may limit your use of certain features or functions on our website and Services. 

Other Important Privacy Information

Notice to Authorized Users
If you use an email address provided by an organization you are affiliated with, such as an employer or school, to access ClassNow Services, the owner of the domain (e.g., your organization) associated with your email address may control and administer your ClassNow account, and may access and process your data, including the contents of your communications and files.

Your use of ClassNow Services may be subject to your organization’s policies and procedures. Panopto is not responsible for the privacy or security practices of our Customers, which may differ from those set forth in this privacy statement. Personal Data and privacy inquiries should be directed to your organization’s administrator.

Changes to this Privacy Policy
ClassNow may change, modify, or update this Privacy Policy at any time. When we do, we will revise the date at the top of this page and provide a link to the archived previous version. We encourage you to check this page for any changes and to stay informed about how we protect the Personal Data we collect. If you continue to use the Services, you acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of any modifications.

Contacting ClassNow 
If you are concerned about your privacy while using ClassNow Services that are provided by a Customer, you should first address requests and inquiries relating to your Personal Data directly to that specific Customer. If you contact us regarding information on an account of a Customer, we may forward your requests or inquiries to the relevant Customer.